Explore The NRA Universe Of Websites

Responding to NRA/CRPA “Emergency” Regulations for California’s Firearm Safety Certificate Program

Tuesday, March 31, 2015

Responding to NRA/CRPA “Emergency” Regulations for California’s Firearm Safety Certificate Program

On Monday, March 9, 2015, the Office of Administrative Law (“OAL”) approved a package of so-called “emergency” regulations for California’s new Firearm Safety Certificate (“FSC”) Program and safe-handling demonstrations. The “emergency” regulations, proposed by the California Department of Justice (“DOJ”), took effect immediately after being rubber stamped by OAL.  

The FSC Program, signed into law by Governor Jerry Brown on October 11, 2013, requires every individual wishing to take possession of a firearm in California to first take and pass a written test and to perform a safe-handling demonstration with the firearm to be acquired. While the NRA & CRPA support genuine efforts to encourage the safe use and handling of firearms, the launch of the FSC Program was grossly mismanaged, and it has been plagued with problems since it took effect on January 1, 2015. The Program’s many failures were the result of the DOJ’s refusal to meaningfully engage FFLs, certified FSC instructors, and gun owners in the creation of formal regulations for the administration of the Program. Instead, the Department unilaterally unveiled a host of generally applicable “rules” in violation of state law. These rules have already cost FFLs and certified FSC instructors untold sums and will cost them thousands of dollars each year, forcing many to simply stop administering the FSC Program altogether.

The California Rifle and Pistol Association, FFLGuard, and five individuals, supported by the National Rifle Association, filed Belemjian v. Harrisin the Superior Court of Fresno, challenging the DOJ’s actions as a violation of California’s Administrative Procedures Act (“APA”), asking the court to direct the DOJ to formally adopt regulations for the administration of the Program as the law requires. In response to the lawsuit, the DOJ submitted a package of proposed “emergency” regulations to the OAL in an effort preserve the same rules it had illegally adopted. The public was given only 5 days, as opposed to the 45-day minimum under normal rule-making procedures, to offer comments.

OAL received some 9,100 pages of public comment regarding the controversial “emergency” package despite the extremely shortened comment period. To view the letter submitted by the NRA, along with the CRPA and FFLGuard, click here.

Despite this outcry, OAL simply rubber stamped the “emergency” measures, disregarding the overwhelming opposition and allowing the DOJ to circumvent the requirements of the APA by resorting to the emergency process.

The “emergency” regulations will remain in effect for a minimum of six months, during which time the DOJ must either move to make those regulations permanent or begin the normal rule-making process to adopt a new set of regulations for the FSC Program. Either way, NRA and CRPA will continue to monitor the situation, litigate as necessary, and provide updates as they are available.

 

IN THIS ARTICLE
California firearm
TRENDING NOW
California: Governor Brown Signs Remaining Anti-Gun Bill

Sunday, October 15, 2017

California: Governor Brown Signs Remaining Anti-Gun Bill

Yesterday, Governor Brown signed Assembly Bill 424, the remaining anti-gun bill on his desk. 

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Tuesday, October 17, 2017

Illinois: Urgent Action Needed – Numerous Anti-Gun Bills Readied for Consideration Next Week

Today, multiple gun control bills were released by the House Rules Committee and have been referred to the House Judiciary Committee for a hearing.

Bad News For “Universal” Background Check Supporters

News  

Thursday, October 19, 2017

Bad News For “Universal” Background Check Supporters

NRATV Host Cam Edwards describes a study that shows the ineffectiveness of so-called “universal” background checks

Spokane Police To Use Suppressors To Protect Hearing

News  

Monday, October 16, 2017

Spokane Police To Use Suppressors To Protect Hearing

The Spokane PD has 181 service rifles in its inventory; using suppressors on them has the potential to reduce workers compensation claims and lawsuits from bystanders.

Alleged Sexual Predator and Hollywood Mogul Harvey Weinstein Threatens NRA (Again)

News  

Friday, October 13, 2017

Alleged Sexual Predator and Hollywood Mogul Harvey Weinstein Threatens NRA (Again)

On October 5, the New York Times published an article titled, “Harvey Weinstein Paid Off Sexual Harassment Accusers for Decades.” The piece detailed allegations that the mogul used his position of influence to make unwanted ...

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

News  

Second Amendment  

Friday, October 13, 2017

Gun Banners Unmasked: The Vengeful Face of the Anti-gun Agenda Emerges Once Again

What happens to the 400 million or so firearms already in private hands? How does society actually benefit from his plan? Stephens doesn’t say. He apparently just trusts that things would eventually work themselves out ...

“Death by a Thousand Cuts” – Latest Ninth Circuit decision proclaims “selling firearms is not part or parcel of the right to keep and bear arms”

Second Amendment  

Friday, October 13, 2017

“Death by a Thousand Cuts” – Latest Ninth Circuit decision proclaims “selling firearms is not part or parcel of the right to keep and bear arms”

Since the U.S. Supreme Court handed down its landmark rulings in District of Columbia v. Heller and McDonald v. Chicago, lower courts across the country have expressed their disagreement with – or downright hostility to ...

California: Governor Vetoes Dealer Storage Bill and Signs Open Carry Ban

Saturday, October 14, 2017

California: Governor Vetoes Dealer Storage Bill and Signs Open Carry Ban

Yesterday, Governor Brown took action on two of the remaining three anti-gun bills by vetoing Senate Bill 464 and signing Assembly Bill 7. 

Oregon: Governor Signs Anti-Gun Bill into Law

Thursday, August 17, 2017

Oregon: Governor Signs Anti-Gun Bill into Law

Yesterday, Governor Kate Brown signed Senate Bill 719A.  Based on a California law enacted in 2014, SB 719A will create a so-called “Extreme Risk Protection Order” (ERPO) that could be obtained by a law enforcement ...

Shall-Issue Concealed Carry Coming Soon to the Nation’s Capital!

News  

Second Amendment  

Friday, October 13, 2017

Shall-Issue Concealed Carry Coming Soon to the Nation’s Capital!

It’s important to celebrate that law-abiding Americans are now closer than they have been in nearly half a century to being able to exercise their firearms freedom in our nation’s capital. That is real progress.

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.